Why We Support AB 19, the Religious Freedom and Civil Marriage Protection Act
By Alice A. Huffman, President
California State Conference of the NAACP
Delegates of The California NAACP 2004 State Convention passed a resolution to forward to the National NAACP that, if passed, would bring national support to the gay and lesbian community’s struggle for the same economic parity for same sex partners that exist between a man and a woman by supporting same sex marriages. The support of AB 19 was confirmed this year by the Executive Committee which is the body authorized to act on behalf of the state organization between conventions.
Many have asked why the NAACP supports equal marriage rights for same sex couples. The California NAACP believes that civil justice is a right for every citizen, regardless of race, color, national origin, disability, age, creed or sexual orientation. In California it is not illegal for two people of the same sex to be partners; as a matter of fact they have some protected rights under the Domestic Partners Act that was passed a few years ago. It is our opinion that passage of this act, while helpful, created a second class partnership status for this specific group of citizens.
The major difference between same sex domestic partners and their heterosexual neighbors who are married is that they do not have access to social security benefits, family and medical leave, joint income tax filing and many other Federal benefits. There are 1,138 federal benefits and protections available to married couples that same-sex couples cannot access. It seems to us that if the laws in California have extended some rights to them then they should have all of the rights that heterosexual couples have when they make a life long commitment to each other. That is what AB 19 hopes to correct, at least in California.
Some have been incensed that the NAACP support for same sex marriage is equating the gay movement to our struggle for civil rights and racial equality. We disagree. The African American struggle will forever stand as one of the great civil rights movements in modern history. After 400 years of slavery, the achievement of some basic civil rights, another 100 years of marching, protesting, court battles and violence that lead to our freedoms and many gains in society is a wonderful legacy. And as we continue the struggle for total equality in America we must also fight for total equality for others, whether it is another race or another group; thus, the NAACP is the best organization to join the fight for equal protection for gays and lesbian couples to help them overcome the same irrational arguments that were once used to to justify slavery and the “separate but equal laws”.
According to the 2000 Census, there are over 600,000 same sex couples in the United States of which, 85,000 include at least one African American partner. Of that number more than 3,000 Black couples in the Los Angeles area and another 2,100 in the San Francisco, Oakland, and San Jose area self-identified as same-sex unmarried partners. These people are working, buying homes, paying taxes and, yes, raising families. Many have served their country in the military, and work in their communities as volunteers. I do know that many of the gay people I’ve spoken to are also loving parents and law abiding citizens.
The question of religion beliefs is also raised frequently. There is a separation between civil law and religious doctrine. Religious doctrine is sacred and cannot be legislated. AB 19 makes that point because no clergy is required to perform same sex marriages. Justices of the Peace, judges, legislators, ship captains and others in the secular world will perform civil marriages for gay couples.
While our freedom from slavery was a moral issue we did not win it on moral grounds but on legal interpretation of the US Constitution. The VII Amendment of the Constitution clearly states “To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations ….” It was not about the immorality of institutionalized discrimination and the denial of basic civil rights, but because these acts violated the United States Constitution, thus the term “Civil Rights.
The scientific causes of homosexuality are still being debated. Is it genetic, is it biological? No one really knows, yet there are those who claim to know imperatively that it is by choice. The verdict is still out on the causes and given the rise in same sex relationships and laws being passed across the country to treat this group with dignity, the discussion of “causes” is almost immaterial. What is right for us is that they are a part of the human race and I believe that God created all of us and loves everyone each of us. The God I serve has compassion, love and respect for all humanity, and so does the California NAACP. We will continue to fight for equal protection under the laws of this state for gays and lesbians as we do for other groups.